ARTICLE R, Tour Services
Section 6-1501. Short title.
This article shall be known and may be cited as "The Tour Service Ordinance of 1978." (Ord. of 2-9-78, Sec. 1)
Section 6-1502. Definitions.
(a) Certified Tour Guide. Any person who has passed the tour guide examination and received the certificate referred to in this chapter and who drives or operates a tour service vehicle on the streets of Savannah or who acts or offers to act as a guide for hire
through any part of the City, including but not limited to pedestrians and persons within tour service vehicles.
(b) City. The word "City" shall mean the Mayor and Aldermen of the City of Savannah, Georgia, a municipal corporation, said definition to include all area within the corporate limits of the City of Savannah.
(c) Historic District; District. The Savannah Historic District so designated on theofficial zoning map of the City.
(d) Holding Zone. Areas designated by the City of Savannah for the parking of motor coaches.
(e) Idling. The running of the engine of a motorized vehicle while vehicle is not in motion. (Note: Uniform Rules of the Road - Section 40-6-201 (Leaving Motor Vehicle Unattended) provides that "No person driving or in charge of a motor vehicle shall permit
it to stand unattended without first stopping the engines, locking the ignition, effectively setting the brakes, and, when the vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway. (Code 1983, 68A1101, enacted b Ga. L. 1974
p. 633, 1; Ga. L. 1990, p. 2048, 5.)
(f) License. The right and privilege granted by the City of Savannah to a tour service company for the operation of a tour guide service or business incorporating the use of one (1) or more tour service vehicles within the corporate limits of the City.
(g) Loading Zone. A public place alongside the curb of a street or elsewhere which has been designated by the City of Savannah as reserved for the loading and unloading of passengers from vehicles, including tour service vehicles.
(h) Motor Coach. For the purpose of this ordinance, a motor coach is defined as a passenger vehicle which exceeds 34 feet in overall body length, excluding school buses and Chatham Area Transit vehicles on regularly scheduled passenger routes within the
City.
(i) Prohibited Streets Map. A map which identifies streets on which motor coaches may not operate.
(j) Street. The word "street" shall mean and include any street, alley, lane, avenue, court or public place in the City.
(k) Tour Guide Permit. The written authority granted by the City for an individual to drive or operate a tour service vehicle or to conduct tours for hire within the City.
(l) Tour Service Company. The holder of a license to operate a tour guide service or business under the provisions of this article, whether a person, firm, partnership or corporation.
(m) Parking Services Supervisor (Transportation Office) . The individual employee or organizational unit of the City charged with the responsibility for administering and enforcing this article, except for specific responsibilities otherwise provided herein.
(n) Tour Service Vehicle. A vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the City when the primary purpose of riding in such vehicle is not transportation but touring and sight-seeing;
including motor coaches which are operated as a part of special tours and are not operatedas a part of a tour service licensed by the City; excluding horse-drawn carriages, and also excluding limousines (as they are defined by the laws of the State of Georgia) which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the
conduct of tours by tour guides.
Tour service vehicles operating within the City shall be standard automobile, limousine, tour bus, van, or trolley-type vehicles which are compatible with and not damaging to the infrastructure and ambiance of the Historic District. Such vehicles shall
be no more than 13 feet in height, shall load and unload passengers only on the right hand or curb side, shall not have double-deck passenger compartments, shall not be combination or train-type vehicles, and shall not be amphibious or boat-type vehicles
except as provided in Section 6-1548 below. Any tour service vehicle which exceeds 34 feet in length shall be operated in compliance with the motor coach regulatory provisions of this ordinance.
Section 6-1503. License required.
(a) No person, firm, or corporation shall operate a business involving the use of tour service vehicles, other than horse-drawn carriages and limousines which are operated primarily as transportation service vehicles and only incidentally as tour service vehicles
within the City unless a license for the business has first been granted by the City in accordance with the provisions of the Annual Revenue Ordinance. The license shall be effective only for the calendar year stated in the license, unless suspended or revoked
sooner as provided for by ordinance.
(b) Application for the license shall be made on forms provided by the City Treasurerand shall include such information as is required for other business license applications, and such additional information as may be necessary to define completely the business
operation. Renewal of the license shall be required prior to January 31 of each year. (Ord.of 7-26-79, sec. 2)
Section 6-1504. Fixed place of business required.
Each tour service company, as a condition for holding a license under the provisions of this article and the Annual Revenue Ordinance, shall establish and maintain a fixed headquarters on private property for the operation of the company's business. The
headquarters shall conform to the ordinances of the City, and shall provide adequate off-street parking space for all tour service vehicles not in service on the streets. The company headquarters shall not be moved except by the approved transfer of the
company's license to another location.
Section 6-1505. Insurance for the benefit of passengers.
Any tour service company desiring a license to do business shall give and maintain a policy of liability insurance from an insurance company authorized to do business in the State of Georgia for each vehicle in use as a tour service vehicle with minimum coverage
as shall be required by state law for bodily injuries to more than one (1) person which are sustained in the same accident and for property damage resulting from one (1) accident. Such insurance shall insure to the benefit of any person who shall be injured or shall
sustain damage to property caused by the negligence or misconduct of a tour service company, its servants or agents. Such policies of insurance shall be filed with the City and shall specifically provide that such policy shall not be canceled without notice to the City.
Section 6-1506. Blanket policy.
Any company or person operating a tour service company in the City shall give a separate policy of indemnity insurance for each separate tour service vehicle for hire, except where such company or person actually owns or holds legal title to more than one
(1) tour service vehicle, in which event, such company or person may give one (1) policy of indemnity insurance covering all the tour service vehicles actually owned. This latter provision, however, shall not apply to any group or persons separately owning tour service
vehicles who may be jointly operating or doing business under a licensed tour service company name.
Section 6-1507. Notice when voided.
Before any policy of insurance required in this section is voided for any cause, nonpayment of premium or otherwise, notice thereof shall be given, in writing, to the City Treasurer at least five (5) days before the same shall take effect.
Section 6-1508 Permit required.
No person shall operate a tour service vehicle for hire or act or offer to act as a tour guide within the City, and no person who owns or operates a tour service company shall permit a tour service vehicle to be driven, and no tour service vehicle operating under a
tour service company licensed by the City shall be driven at any time for hire, unless the driver of the vehicle or the person acting or offering to act as a tour guide shall have first obtained and shall have them in force a tour guide permit issued under the provisions of
this article: provided, however, that the operator of a tour service vehicle shall be exempt from the provisions of this section and in any case where a tour is being conducted by a licensed tour service guide who is present in the vehicle and who is conducting the tour
instead of the operator of the tour service vehicle.
Section 6-1509. Application.
Any person desiring a permit required by the above section shall submit an application in writing to the Parking Services Supervisor (Transportation Office) on a form to be furnished by the Parking Services Supervisor (Transportation Office) . The application
shall be made under oath and shall state the age of the applicant, his or her address, and whether he or she has been convicted of a violation or any of the laws of the state or of this Code or other ordinances of the City and if so, when and for what offense, and the
sentence of the court.
Section 6-1510. Physician's certificate required.
Each application for a tour guide permit shall be accompanied by a certificate from a reputable physician certifying that, in his opinion, the applicant is not afflicted with any disease or infirmity which might make him or her an unsafe or unsatisfactory tour guide. In
the case of renewal of a permit, the certificate shall be updated every two (2) years.
Section 6-1511. Qualifications of applicant.
An applicant for a tour guide permit under this section must be not less than sixteen (16) years of age, with no physical infirmities which might make the applicant an unsafe or unsatisfactory tour guide. No permit shall be issued to any person who has been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within one (1) year prior to the date of the application for such permit, or who has been convicted of the offense three (3) or more times within five (5) years prior to the date of the application for the permit. Nor shall a permit be issued to any person who has within three (3) years prior to the date of the application for such permit been convicted of any crime of moral turpitude or who has within three (3) years prior to the date of the application for such permit been convicted of a felony.
Section 6-1512. Certified Tour Guide Required.
All tours in tour service vehicles operating in the City of Savannah, including special tours which originate and terminate outside of the City must be conducted by a Certified Tour Guide, and a tour guide card shall be displayed in the lower left hand corner of the
front windshield, in plain view, clearly visible from outside the vehicle.
Section 6-1513. Current state driver's license required.
Any person applying for a tour guide permit under this section must show that he of she has a current motor vehicle operator's license issued or approved by the State of Georgia, and that the license is not under suspension or revocation.
Section 6-1514. Examination of applicant; issuance or denial of permit.
(a) Examination. No person shall act or offer to act as a certified tour guide or operate a tour service vehicle unless he or she has first passed an examination given by the Tour Services Coordinator or an examiner designated by the City Manager. The
examination shall be given not less frequently than once each calendar year per a schedule published by the Parking Services Supervisor (Transportation Office) and shall be designed to test the applicant's knowledge of the history and architecture of the City of
Savannah. The City may from time to time conduct special classes for applicants and may charge fees to be applied to the cost of those courses. Whether or not a class is offered prior to the examination, applicants shall be provided with a list of source material from which examination questions may be taken. The time, place and manner of the examination and the determination of a passing grade shall be within the sole discretion of the City. There shall be no limit upon the number of times an applicant may take the examination, but once having passed the examination, a certified tour guide shall not be required to take the examination for a period of three (3) years, at which time the certified tour guide shall be required to take and pass an examination again before being issued a new tour guide permit. Parking Services Supervisor (Transportation Office) shall maintain and keep a current role of certified tour guides and shall provide each certified tour guide with an appropriate permit.
(b) Uniformity of examinations and grading. The examinations for all persons taking the examinations on the same day shall be uniform. All examination papers shall be fairly and impartially graded and shall be retained by the Parking Services Supervisor
(Transportation Office) until the appeal period provided for hereinafter has expired. A passing grade shall be eighty percent (80%) correct answers.
(c) Issuance or denial. It shall be the duty of the Parking Services Supervisor (Transportation Office) to examine the application, the applicant's police and traffic record, his or her examination results and other vouchers, and thereafter to either grant or refuse
the permit. In the event of a refusal to grant a permit, the applicant shall have the right to enter an appeal as provided for in section 6-1523 of this article.
Section 6-1515. Permit to be displayed in tour service vehicle.
A permit issued under the provisions of section 6-1509 shall be placed on display in the tour service vehicle where the permit will be in clear view of the passengers at all times. Alternatively, the permit issued under the provisions of this section may be displayed
on the person of the tour guide in such a manner as to be in clear view of the public.
Section 6-1516. Alteration of permits prohibited.
It shall be unlawful for any person wilfully to alter, deface, obliterate or destroy a tour guide permit, or cause or allow the same.
Section 6-1517. Permit not transferable.
A tour guide permit issued under this article is not transferable and is to be used solely by the person to whom it is issued.
Section 6-1518. Duration of permit.
Any tour guide permit shall be in effect for (12) months from the date of issue. Permits may be renewed, upon application and payment of the required fee, for eachtwelve-month period thereafter, unless the permit for the preceding period has been
revoked or is suspended.
Section 6-1519. Suspension of the tour guide permit.
The Parking Services Supervisor (Transportation Office) shall have the authority to recommend to the Parking Services Director the suspension of a tour guide permit for the following reasons: (i) making any false statement in the application for the permit; or (ii)
operating a tour service vehicle in violation of any provision of this article or state law. Following a suspension, the holder of the permit shall have the right to an Administrative Hearing, as provided for in section 6-1523 of this article.
Section 6-1520. Revocation of tour guide permit.
In the event that any tour guide holding a permit under this article at any time ceases to meet the qualifications described in section 6-1511 or fails to correct satisfactorily any false statement made in the application for the permit, or fails to operate his or her tour
service vehicle in accordance with the provisions of sections 6-1524 though 6-1547, the City Manager, shall be empowered to revoke permanently the permit or to restore the permit after a hearing as provided in section 6-1523 of this article.
Section 6-1521. Operating after suspension or revocation.
It shall be unlawful for any person to operate a tour service vehicle for hire or to act or offer to act as a tour guide for hire during any period in which his or her permit to do so is suspended or revoked in accordance with the provisions of this article.
Section 6-1522. Administration; Administrative hearing and appeal.
(a) Administration. This article shall be administered by the Parking Services Supervisor (Transportation Office), who shall have authority to recommend in writing to the Parking Services Director that access to designated tour service vehicle stands and/or
suspension of a tour guide be denied to a tour service company for violation of the Tour Service for Hire Ordinance or State law.
The Parking Services Director, after hearing evidence from both the Parking Services Supervisor (Transportation Office) and the tour service company owner and/or representative, may deny access to designated tour service vehicle stands for a period of
up to six months for violation of the Tour Service for Hire Ordinance or State law relating to tour service companies. The Parking Services Director will promptly notify the tour service company owner in writing of such action, in which case the tour service company
owner shall have the immediate right to appeal in accordance with Paragraph (b) of Section 6-1523.
If a tour service company is denied access to designated tour service vehicle stands three times within any three year period, and if each appealed removal is upheld, the fourth such removal within said three year period shall be for a period of one year.
(b) Administrative hearing and appeal. Any decision of the Parking Services Director to deny a tour service company access to designated tour service vehicle stands or any decision of the Parking Services Supervisor (Transportation Office) to suspend a
tour guide permit may be appealed within ten days. All appeals shall be made in writing to Parking Services Supervisor (Transportation Office). Such appeal shall be heard by an Administrative Hearing Panel, which panel shall be made up of (a) The Parking Director or
his designee, (b) the City Traffic Engineer or his designee, (c) the Savannah Police Chief or his designee and two members of the Tourism Advisory Committee. The administrative hearing shall be informal and shall be resided over by the Parking Director or his designee. The majority decision of the Administrative Hearing Panel shall be provided to the tour service company or the tour guide in writing within one day of the hearing. Decisions of the Administrative Hearing Panel may, within ten days of notification, be appealed in writing to the City Manager, whose ruling shall be final.
Section 6-1523. Identification and marking generally.
Every tour service vehicle shall have a sign in plain view on each side of the vehicle, in letters not less than four (4) inches high, containing the full name of the tour service company operating the vehicle. No tour service companies or tour service operators may
operate tour service vehicles of the same color scheme. Color scheme shall be recorded and controlled by the Parking Services Supervisor (Transportation Office) ; provided, however, that tour service companies shall be permitted to use rental vehicles on a
temporary basis as replacement vehicles for permanent tour service vehicles upon notice to the Parking Services Supervisor (Transportation Office) and with the use of temporary signs and temporary numbers on said vehicles. The use of temporary vehicles shall not exceed seven (7) days without additional approval of the Parking Services Supervisor (Transportation Office), which approval shall not be unreasonably withheld. There shall be no outside advertising of any kind on tour service vehicles.
Section 6-1524. Numbers generally.
There shall be on each side and on the rear of each tour service vehicle a number at least six (6) inches high, such number to be a separate and distinct number from that on any other tour service vehicle in the City. The number shall be assigned to the tour service
vehicle and the owner thereof by the Parking Services Supervisor (Transportation Office)and shall not be altered or changed without the consent of the Parking Services Supervisor (Transportation Office) .
Section 6-1525. Registration of number and name of owner.
The number assigned a tour service vehicle in accordance with this article, together with the name of the owner of the tour service vehicle, shall be registered with the Parking Services Supervisor (Transportation Office) in a book kept for that purpose.
Section 6-1526. Safe mechanical condition of tour service vehicles required.
Every tour service vehicle operated on the streets of the City shall be maintained in a safe mechanical condition, with all safety equipment remaining intact and operative at all times when the tour service vehicle is in service. No vehicle shall be licensed as a tour
service vehicle except fully enclosed, self-propelled vehicles.
Section 6-1527. Cleanliness of tour service vehicles required.
Each vehicle operating under this article shall be kept painted, and in a clean and sanitary condition, free of litter and debris, and at all times suitable for public transportation of passengers.
Section 6-1528. State license tag for tour service vehicles required.
Prior to the use and operation of any vehicle as a tour service vehicle under the provisions of this article, the owner of the vehicle shall secure and display on the vehicle a current Georgia license registration tag.
Section 6-1529. Vehicle inspection and certification required.
Each tour service vehicle shall be inspected by the Parking Services Supervisor (Transportation Office) for compliance with provisions of this article and shall pass such inspection before the vehicle may be used as a tour service vehicle in the City. A yearly certification shall be issued by the Parking Services Supervisor (Transportation Office). Fees for certification and permits shall be as set forth in the City's Revenue Ordinance. All such fees shall be utilized to offset the costs for the tour services program. Each tour service vehicle involved in a major accident (major accident being defined as any accident which disables the vehicle so that it must be removed from operation for repair), shall be inspected by the Parking Services Supervisor (Transportation Office). before it may be returned to service transporting passengers for hire.
Section 6-1530. Authority for removal of tour service vehicles from streets.
The Parking Services Supervisor (Transportation Office). shall have the authority to remove from operation on the streets of the City any vehicle used as a tour service vehicle which is in violation of this article and to prohibit operation of the tour service vehicle until all deficiencies have been corrected. Any order of the Parking Services Supervisor (Transportation Office). to remove a vehicle from the streets may be appealed to an administrative hearing panel as provided in section 6-1522 of this Article.
Section 6-1531. Rates of fare.
(a) Rate Card Required. No owner or driver of a tour service vehicle shall charge a greater sum for the use of the tour service vehicle than in accordance with the published and advertised rates which shall be displayed in each vehicle; provided however, that the
provisions of this section shall not apply to customized or specialized tours which are not a part of the regular scheduled tours of the company but which are separately contracted for. Rates shall be displayed in such place as to be conspicuous and to be in view of all
passengers.
(b) Published Literature. Published literature provided by tour guides and tour guide services shall describe specifically any and all services offered and the rates to be charged therefor on regularly scheduled tours. In the event any tour is offered for hire during which said tour guide will, for any period of time, leave the immediate premises of the tour which he or she is conducting during the conduct of the tour, the published literature provided by tour guides and tour guide services shall specifically state same and shall disclose that the tour guide will be replaced by a different tour guide or a museum or house guide. (Code 1977, Sec. 6-1532; Ord. of 4-5-79, Sec. l)
Section 6-1532. Stands generally.
(a) Non-exclusive Stands. In the discretion of the Mayor and Aldermen, upon the recommendation of the City Manager, non-exclusive tour bus stands may be designated for the parking of tour service vehicles within the corporate limits of the City. Whenever any stand is established, the stand may be used by tour service vehicles on a rotation basis of first-come-first-served, except as provided hereinafter. Time limitations for parking at stands designated by the Mayor and Aldermen shall be designated in each individual case as ordinances are passed designating the stands.
(b) Visitors Center Parking Lot. Upon application by a licensed tour service operator for a stand in the Visitors Center Parking Lot, the Tour Services Coordinator shall assign a stand, as available, upon execution of a lease agreement for such stand. The City
Manager is authorized to execute lease agreements for the City ("Lessor") with individual tour service operators ("Lessee"). Such lease agreements shall include the following provisions:
(1) The Lessee shall agree to conduct tours from the Visitors Center Parking Lot on a regular basis and to post the tour company's name and logo, if any, tour rates, tour departure times, and duration of tours on or within a sign provided by the City as Lessor.
Lessee shall determine tour rates, tour departure times, and the number and duration of tours.
(2) Under such lease, the Lessor will agree that in consideration of Lessee's entering into a lease agreement, the Lessor will permit Lessee's tour vehicle access to the Visitors Center Parking Lot, will provide a designated parking space for the exclusive use of the
Lessee, and will furnish Lessee with an appropriate sign on or within which the Lessee shall display its name and logo, if any, tour rates, tour departure times, and duration of tours.
(3) The rental rate for one assigned parking space or stand during the term of such lease shall be as provided in the annual Revenue Ordinance, to be paid in advance on or before the first day of each month. Rental during any portion of the first calendar month of a new lease shall be prorated by day.
(4) Lessee shall specifically agree to comply with all requirements of the Savannah Code, Part 6, Chapter 1, Article R, entitled "Tour Services for Hire", and with all applicable State laws related to operation of sightseeing tour vehicles.
(5) The Lessor reserves the right under such lease to restrict tour vehicle access to the Visitors Center Parking Lot and leased spaces for a period up to fifteen days each calendar year. Lessee's monthly rental will be prorated by day during restricted periods. When restricted from use of the Visitors Center Parking Lot, the Lessee will be allowed to load and unload passengers for the purpose of conducting tours from a location on Martin Luther King Boulevard or other appropriate location designated by the Parking Services
Supervisor (Transportation Office).
(6) No tour service vehicle shall park in the Visitors Center Parking Lot at a location other than the assigned tour service stand without prior approval of the Parking Services Supervisor (Transportation Office). and except in an area designated for parking of vehicles
not on duty and for charger bus parking, which parking area shall be designated by the Tour Services Coordinator.
(7) Entering the Visitors Center by a tour operator or representative is prohibited except for delivering brochures for supplying the display rack, and then only after giving prior notice by the Visitors Center staff.
(8) Tour guide operators shall not be permitted to park their private vehicles in the Visitors Center Parking Lot.
(9) Loud, boisterous, or obscene language in the Visitors Center Parking Lot is prohibited at all times.
(10) Only one tour company representative will be allowed in the Visitors Center Parking Lot at any particular time.
(11) Any tour company owner or tour guide who is the subject of a public complaint involving activity in the Visitors Center Parking Lot will, within three working days after notice from the Parking Services Supervisor (Transportation Office). , make arrangements to meet with the Parking Services Supervisor (Transportation Office) to resolve the complaint.
(12) No person or firm may lease or use more than one tour bus stand in the Visitors Center Parking Lot, either individually or as an associate of or through any company or agency, or through common ownership at any organizational level.
(13) Lease of a tour bus space does not constitute a property right and should not be considered an asset by any tour company. If any tour company should buy or merge with another company, the remaining entity will have no inherent right to the leased space of the purchased or merged company.
(14) Tour bus stands in the Visitors Center Parking Lot shall be laid out and arranged contiguously within the lot. Such stands shall be assigned and reassigned on the basis of company choice in the order of seniority rank according to company ownership and date of licensing by the City. A change in company ownership, which shall include a transfer or a change in ownership of a majority of the stock in a corporation, shall cause a loss of seniority, making such company a new company for purposes of assigning stands. Such new company shall vacate the stand held by the previous owner, move to the bottom of the seniority list, and be assigned a stand when available on the basis of its seniority. When a stand becomes vacant and available for leasing, any tour business which leases
a stand shall be eligible to advance to the vacant space in order of company seniority. Any motor tour business which holds a City business tax certificate shall be eligible to lease any vacant space in order of company seniority.
(15) The Parking Services Director may establish written rules and procedures from time-to-time as necessary to administer lease agreements.
(16) Administrative hearing and appeal of regulatory or enforcement action related to leased stands in the Visitors Center Parking Lot shall be as provided in Section 6-1522 of this Article.
(17) The parties leasing a tour stand in the Visitors Center Parking Lot shall specifically agree that nothing contained in a lease agreement with the City shall be construed to designate or appoint the City of Savannah as agent for the Lessee, nor shall anything contained in the lease be construed to designate or appoint the Lessee as agent for the City of Savannah in the performance of any of the services described herein. The Lessee shall acknowledge and agree that it is an independent business engaged in providing tour services and shall agree to defend, indemnify, and hold harmless the Mayor and Aldermen of the City of Savannah, Georgia, its successor and assigns, its principals, agents, and employees, from any and all claims for loss, damage, or injury sustained by
Lessee or to Lessee's property, or by a by agent or employee of Lessee, or by any person whosoever, in connection with any matter arising out of the provision of tour services and use of the Visitors Center Parking Lot and property.
(18) The Lessee shall obtain and keep in force comprehensive general liability insurance in the minimum amount of $1,000,000 for its undertakings associated with leasing a parking space in the Visitors Center Parking Lot. The lessee shall give evidence of the required coverage by providing to the Parking Services Supervisor (Transportation Office) a copy of certificate of insurance from an insurance company licensed to do business in the State of Georgia.
(19) Any lease may be canceled by either party upon the Lessee providing thirty days and the Lessor providing thirty days written notice of cancellation to the other party.
(20) Any lease executed pursuant to this Article shall expire two years from the date of execution; provided, however, that the parties to the lease may at the time of expiration enter into an agreement for an additional term. If no additional term is agreed upon, and notice of cancellation is not given, the lease will continue on a month-to-month basis until canceled by either party.
Section 6-1533. Application for stands.
Any person desiring to have a place designated as a regular stand for tour service vehicles in the City shall make application by written petition to the Mayor and Aldermen for the establishment of such tour service vehicle stand, setting out where the stand is
desired to be.
Section 6-1534. Driver not to leave vehicle while waiting to be hired; tour guide not
to leave tours during conduct of same.
It shall be unlawful for any driver of any tour service vehicle to leave the immediate premises of the vehicle while the vehicle is parked in a tour service vehicle stand while waiting to be hired. It shall be unlawful for any tour guide to leave the immediate premises of the tour which he or she is conducting during the conduct of said tour unless and until said tour guide is replaced by another licensed tour guide or a house or museum guide.
Published literature provided by tour guides and tour guide services shall specifically describe said conduct as provided in section 6-1532(b) above. (Code 1977, Sec. 6-1535; Ord. of 4-5-79, sec. 2)
Section 6-1535. Soliciting passengers prohibited.
It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, at any tour service vehicle stand or upon the streets of the City, or within any public facility of the City.
Section 6-1536. Use of designated bus stops or taxicab or limousine stands
prohibited.
It shall be unlawful for any driver of any tour service vehicle to park or stand at any bus stop designated for use by the Chatham Area Transit Authority or at any taxicab or limousine stand except as provided herein for designated loading and unloading zones.
Section 6-1537. Restriction on number of passengers.
No driver shall permit more persons to be carried in a tour service vehicle as passengers than the rated seating capacity of the vehicle as rated by the Parking Services Supervisor (Transportation Office). A child in arms shall not be counted as a passenger.
Section 6-1538. Refusal to carry orderly passengers prohibited.
No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless unable or forbidden by the provisions of this article to do so.
Section 6-1539. Prohibitions of drivers.
It shall be unlawful for any driver of a tour service vehicle or any tour guide to attempt to divert passengers or tour guide customers from one hotel, restaurant or business to another, or to use a tour service vehicle while for hire for any purpose other than as a tour and sightseeing vehicle.
Section 6-1540. Tour service vehicle movement prohibited under certain
circumstances.
No driver shall collect fares, make change, or take on or discharge passengers while his tour service vehicle is in motion.
Section 6-1541. Property left in tour service vehicle by passenger.
Any tour service vehicle driver or operator discovering in any tour service vehicle under his control, personal property which was lost or left therein by a passenger of such tour service vehicle shall report the loss, and deliver all of the property to the office of the tour service company within 12 hours after the discovery of the property. The driver's report shall include brief particulars to enable the company to identify the owner of the property. The company shall retain the property on behalf of the owner for at least 60 days.
Section 6-1542. Safety equipment required.
(a) Lights. Each tour service vehicle shall be equipped with electrically powered lights or lanterns and reflectors when operating during the hours of darkness.
(b) Fire extinguisher and first aid kit. Each tour service vehicle shall have on board at all times a four pound all-purpose fire extinguisher and a first aid kit.
Sec. 6-1543. Traffic and operating regulations
(a) Rules of the road. Tour service vehicles shall operate on the streets of the City in accordance with the rules of the road as provided in the laws of the State of Georgia and the ordinances of the City of Savannah. Tour service vehicles shall move to the edge of the street pavement before stopping, standing, parking, or loading or unloading passengers. It shall be unlawful for tour service vehicles to operate at such speeds or motions as to obstruct traffic within the City; provided, however, that this section shall not be construed to require the violation of any state, federal, or municipal traffic law or regulation.
(b) Passenger shuttle. Tour companies are prohibited from operating any vehicles, including but not limited to trolleys, vans, automobiles, buses, and motor coaches, as passenger shuttles for transportation purposes within the Historic District, except that they
may operate a hotel passenger pick-up shuttle on a route from the Visitors Center along the following streets: Fahm Street from the Visitors Center to Oglethorpe Avenue, Oglethorpe Avenue east to Martin Luther King, Jr. Boulevard, Martin Luther King, Jr. Boulevard north to Bay Street, Bay Street east to General McIntosh Boulevard, General McIntosh Boulevard east to Harbor Street, then return west on General McIntosh Boulevard to Bay Street continuing west to Price Street, Price Street south to Liberty Street, Liberty Street west to Martin Luther King, Jr. Boulevard, cross Martin Luther King, Jr. Boulevard to Louisville Road, west on Louisville Road to Boundary Street, north on Boundary Street to Turner Boulevard, Turner Boulevard east to Fahm Street and the Visitors Center. Tour companies may reverse this route if preferred. Martin Luther King, Jr. Boulevard may be traveled south from Oglethorpe Avenue to Liberty Street permitting tour vehicle access to Liberty Street without traversing the entire route. Tour vehicles accessing Liberty Street in this manner may then use Drayton Street north from Liberty Street to Bay Street. Hotel shuttle vehicles shall be permitted to access hotels along the designated route using streets immediately adjacent to each hotel leading to the nearest tour bus stop, passenger loading zone, or stop on hotel private property. Private shuttle access to the Historic District from south of Gwinnett Street is limited to Drayton Street, Montgomery Street, and Martin Luther King, Jr. Boulevard. Any tour service vehicle operating as a hotel passenger pick-up shuttle shall be clearly and prominently identified as a “Hotel Shuttle.” Other tour service vehicles may collect passengers from designated stops prior to beginning a tour and may distribute passengers back to the designated stops after a tour ends. Tour companies may provide private contract charter transportation service within the Historic District upon prior approval of the Parking Services Supervisor (Transportation Office).
(c) Operating rules. Tour vehicle passengers may board and disembark at designated tour bus stops only. Tour service vehicles shall move to the edge of the street pavement before loading or unloading passengers. No tour service vehicle may pause or stop for the sole purpose of narrating a tour. It shall be unlawful for tour service vehicles to operate at such speeds or motions as to obstruct traffic within the City; provided, however, that this section shall not be construed to require the violation of any state, federal, or municipal traffic law or regulation.
(d) Density and traffic controls. The City Manager is hereby authorized, upon recommendation of the Tourism Advisory Committee and/or City staff, to designate areas in the Historic District where the following regulations shall apply: • A maximum of two tour vehicles may be present on a square or street segment at the same time.
• Tour vehicles are limited to a maximum of one trip around a square during the course of a tour.
(e) Tour bus stops. The City Manager is authorized, upon recommendation of the Tourism Advisory Committee and/or the City Traffic Engineer, and in coordination with Chatham Area Transit, to designate the number and location of tour bus stops within the
Historic District.
(f) Route submission. Each local tour vehicle company shall submit to the City a map or maps clearly showing tour vehicle routes to be utilized by the tour company. Such map(s) shall be submitted during January each year. If a tour company changes its route(s) during the year, updated map(s) shall be submitted to the City. The City will evaluate tour vehicle routes for purposes related to traffic and public safety.
Section 6-1544. Limitations on engines running.
No tour service vehicle 35 feet or less in length may stop or park with engines running longer than ten minutes to load and ten minutes to unload.
Section 6-1545. Loudspeakers and recorded messages.
(a) It shall be unlawful to operate loudspeakers outside tour service vehicles within the City: loudspeakers may be operated within the confines of tour service vehicles for the sole benefit of the passengers within the confines.
(b) No tapes or recorded messages purporting to give information about the City's history or landmarks shall be used in tour service vehicles unless all of the information contained therein is true and factual. The Parking Services Supervisor (Transportation
Office) or his designated representative shall examine the tapes or recorded messages to determine if the information contained therein is true and factual.
Section 6-1546. Motor Coaches in the Historic District.
(a) Operating Areas. Motor Coaches shall not operate on streets designated as Prohibited on the Prohibited Streets map.
(b) Prohibited Streets Map. There is hereby created and adopted a Prohibited Streets Map with the streets on which motor coaches shall not operate.
(c) Registration Required. All Motor Coaches shall be registered with the office of the Parking Services Supervisor (Transportation Office) and receive a daily permit, before transporting passengers within the Historic District. The permit shall specify the date, destination, and purpose of visit and be displayed in the lower left hand corner of the front windshield, in plain view clearly visible from outside the vehicle. If the purpose of the visit is for touring, an additional certified tour guide card is required.
(d) Passenger Loading. No motor coach shall pick up or discharge passengers on the public streets or public properties of the City except at designated loading zones. Vehicles shall park in a designated loading zone for no more than fifteen (15) minutes to
load and ten (10) minutes to unload passengers, unless such zone is also designated as a timed holding zone. After unloading, the vehicle shall move to a designated holding zone and shall not return to the Historic District attraction until the designated time for the end of the tour to load passengers.
(e) Parking. No motor coach shall park at any location on the public streets or Public parking facilities in the Historic District except at designated motor coach holding zones. At no time shall a motor coach park, after loading or unloading, in a space reserved for
public transportation.
(f) Limitations on engine running. No motor coach may stop or park with engines idling in the Savannah Historic District except to load and unload, or as provided for in holding zones designated also as idling zones.
Section 6-1547. Tourism Advisory Committee.
(a) Creation and composition. There is hereby created a Tourism Advisory Committee, which shall consist of thirteen members appointed by the Mayor and Aldermen. One shall be a representative of the lodging industry; one shall be a representative of a tour company; one shall be a member of the Savannah Hospitality Association; one shall be a member of the Savannah Visitors Bureau; one shall be a representative from a Historic District museum or attraction; two shall be members of the Downtown Neighborhood Association; one shall be a member of the Historic District Residents Association; two shall be members of Historic Savannah Foundation; one shall be a representative of the food, beverage and/or retail industries; one shall be at-large with demonstrated knowledge of the history and/or architecture of the Historic District; and one shall be at-large.
(b) Purpose. The Tourism Advisory Committee shall make policy recommendations to the Tourist Services Coordinator, City Manager and Mayor and Aldermen in the areas of Parking and routine of tourism-related traffic activities, the qualification and licensing of tour guides, and the enforcement of tourism management regulations and other related issues.
(c) Terms of Office. Advisory Committee members shall serve a term of three years and may be reappointed for one additional three year term. Members may not be reappointed to the Committee after completion of their second term until they shall have been off the Committee one year. Provided however, that of those persons initially appointed, four shall be appointed for a one year term; four for a two year term; and three for a three year term.
(d) Organization. The Committee shall elect from its membership a Chairman and Vice Chairman. The Tour Service Coordinator shall provide administrative assistance to the Committee.
(e) Meetings. The Committee shall meet at least quarterly.
(f) Report. A report shall be prepared annually summarizing the Committee's activities for the previous year.
Section 6-1548. Operation of Amphibious Vehicles.
Pursuant to Section 6-1502, paragraph (n) of this Article, amphibious or boat-type vehicles shall not operate as tour service vehicles or for any other purpose within the City, except as provided in this section. Amphibious vehicles may operate in an area of the City contained within the following borders: Beginning on Indian Street at the Eugene Talmadge Memorial Bridge, east along the north curb line of Indian Street to the east curb line of Martin Luther King, Jr. Boulevard, then south from Indian Street along the east curb line of
Martin Luther King, Jr. Boulevard to the north curb line of Oglethorpe Avenue, then east along the north curb line of Oglethorpe Avenue to the east curb line of Montgomery Street, then south along the east curb line of Montgomery Street to the south curb line of Liberty
Street, then west along the south curb line of Liberty Street to the east curb line of Martin Luther King, Jr. Boulevard, then south along the east curb line of Martin Luther King, Jr. Boulevard to the south curb line of West Jones Street, then west along the south curb line
of West Jones Street to the west curb line of West Boundary Street, then north along the west curb line of West Boundary Street to Oglethorpe Avenue, then along the west side of Highway 17A to and over the Eugene Talmadge Memorial Bridge. Amphibious vehicles
are specifically excluded from the Visitors Center Parking Lot.
Sec. 6-1549. Penalties for Violation; Issuance of Citations; Suspension and Appeal.
(a) Failure to comply with this Article or any of the laws, ordinances, and regulations of this City may result in revocation of permit and shall be punishable as provided in Section 1-1013 of this Code.
(b) Any citation issued for violation of this Article shall be issued to the operator of the vehicle at the time of the violation when deemed appropriate by the enforcement officer issuing the citation.
(c) In the event that an enforcement officer deems it inappropriate to deliver a citation to the vehicle operator at the time of a violation, a citation may be issued at the time of the violation and delivered by hand to the company which owns the vehicle. Any such citation shall be delivered by 10 a.m. on the day following the day of issue. Any citation delivered in this manner shall be fully valid, and shall be considered sufficient notice of the charges.
(d) Any local tour service company whose operators receive multiple sustained citations for violating this Article in any 30 day period shall be suspended from operating in the Visitors Center Parking Lot or assessed a penalty fee as appropriate. Any motor coach operator whose operators receive multiple sustained citations for violating this Article in any 30 day period shall be denied a motor coach permit or assessed a penalty fee as appropriate. The schedule of sanctions is shown below.
Number Citations Local Tour Vehicle Motor Coach
in 30 Day Period Sanctions Sanctions
Visitors Center OR Penalty Permit OR Penalty
Suspension Fee Suspension Fee
5 or more citations 1 day $500 5 days $500
10 or more citations 3 days 1,000 15 days 1,000
15 or more citations 5 days 1,500 30 days 1,500
Appropriate sanctions in accordance with the above schedule shall be determined by the City. Any tour service company which has been sanctioned under this section may appeal such action pursuant to Section 6-1522 of this Article. Tour companies suspended or assessed fees under this section must pay all outstanding citations in full before parking lot or touring permit privileges will be reinstated.
Section 6-1550. Effective Date.
This Ordinance as amended on July 18, 1996, shall become effective on August 1, 1996. This Ordinance as further amended on July 31, 1997, shall become effective on July 31, 1997. This Ordinance as amended on November 5, 1998, shall become effective on
February 1, 1999. Ordinance adopted February 9, 1978; Amended May 13, 1993, October 14, 1993, August 18, 1994, October 13, 1994, February 15, 1996, May 23, 1996, July 18, 1996, July 31, 1997, and November 5, 1998. CWest/Ordinances/Tour Ordinance 99
(Excerpt)
Revenue Ordinance of 1999
ARTICLE T. TOUR SERVICE FEES
Section 1. LEVY OF FEES
Pursuant to the Savannah Code, Part 6, Chapter 1, Article R, entitled Tour Services.20 for Hire, and Part 6, Chapter 1, Article S, entitled Horse-drawn Carriages for Hire, the following fees shall be paid by tour businesses operating within the City:
Section 2. PERMITS AND FEES
(a) Motorcoach Tour Permits Preservation Fee - $20.00 per Vehicle A motorcoach tour permit shall be required for each motorcoach which tours the Historic District. This permit shall include the right to conduct tours within the Historic District and to use designated tour stops under the conditions provided in the Tour Services for Hire Ordinance. A licensed local tour guide must be on board or attending the tour vehicle when this permit is displayed. The fee for each one-day motorcoach tour permit shall be the
preservation fee as provided above.
(b) Motorcoach Transportation Permits $10.00
A motorcoach transportation permit shall be required for each motorcoach which enters the Historic District for the sole purpose of transporting passengers to and from hotels and restaurants. This permit includes the right to use designated motorcoach tour stops in close proximity to a hotel or restaurant destination. The fee for each one-day motorcoach transportation permit shall be $10.00. Payment of preservation fees is not required.
(c) Multi-day Combination Permits $30.00
A motorcoach tour/transportation permit may be issued for a single day of touring, to include transporting passengers to and from hotels and restaurants on the day preceding the tour, during the day of the tour, and on the day following the tour. The fee for each
tour/transportation permit shall be the preservation fee as provided in Paragraph (a) above, plus $10.00, for a total fee of $30.00 for a multi-day combination permit.
(d) Other Fees and Permits
(1) Local tour bus/horse drawn carriage certification, per vehicle, per year (Commercial Vehicle Decal) $75.00
(2) Permit for local tour companies to conduct tours. in the Historic District, per month:
(i) Tour buses/horse drawn carriages, other vehicles:
a. 0 - 5 licensed tour guides, per month $25.00
b. 6 or more licensed guides, per month $50.00
(ii) Walking tours only, no vehicles:
a. 0 - 1 licensed tour guides, per month $10.00
b. 2 - 5 licensed tour guides, per month $15.00
c. 6 or more licensed guides, per month $30.00
(3) Tourguide/driver permit, per year $5.00
(4) Tourguide test fee for first-time applicant $50.00
(5) Tourguide test for third-year renewal $25.00
(6) Study package for tourguide test (Each $50.00
tourguide shall be required to purchase one study package. The City will provide any addendum free of charge.)
(7) Local tour company (motorized and horse drawn) exclusive-use loading space, per month, per space, based on largest vehicle using space -
< Up through 15 passenger seats $100.00
< 16 - 30 passenger seats 200.00
< Over 30 passenger seats 300.00
Section 3. PRESERVATION FEE
(a) Levy of Fee
There is hereby levied a preservation fee on sightseeing tour companies which conduct tours within Savannah.
(b) Rate; Scope
The preservation fee shall be charged for each person for each sightseeing tour taken, except as provided in Section 2 above for motorcoaches, as follows:
< $1.00 per adult passenger and per full-fare child;
< $.50 per child 12 years and under, provided that the tour fee is no more than 60% of the
adult fare;
< No fee for child three years of age and under, provided that no tour fee is charged.
< No fee for students (high school and under) and their adult supervising companions when taking an organized field trip sponsored by a school or youth-oriented private non-profit organization. Sightseeing tours conducted within the Historic District of Savannah, including local motor vehicle tours, horse drawn carriage tours, walking tours, boat tours, and any other commercial tours, shall be subject to the fee a set forth above; provided, however, that the fee for motorcoach tours shall be as provided above in Section 2 of this Article T; and provided further that the fee shall not apply to
(a) tours which originate or embark from within the Historic District, travel out of the District by the most direct arterial route, and are conducted wholly outside the District, and
(b) persons boarding a tour boat for dining and on-board entertainment purposes where a sightseeing tour is not the focus or emphasis of the event and where no tour narration is provided. For purposes of this section, the Historic District is defined as bounded on the north by the Savannah River, on the south by Gwinnett Street, on the east by East Broad Street, and on the west by West Boundary Street.
(c) Tour Services Business Liable for Payment of Fee
Any sightseeing tour services business operating within the Historic District of Savannah as defined above, whether on a regular or transient basis, shall be liable for payment of the preservation fee. Preservation fees as levied herein shall be a debt of the tour service
business until paid and shall be recoverable
(1) through recording of an execution and FiFa showing the estimated amount due, which shall constitute a lien on all real and personal property of the business;
(2) through sanctions as may be established by ordinance or contract; and
(3) pursuant to applicable law in the same manner as authorized for the recovery of other debts.
(d) Return; Payment of Fee
Each tour service business which conducts tours within Savannah shall remit preservation fees to the City Revenue Department on forms prescribed by the Revenue Department as provided below.
(1) Local Tour Operators. Each local tour service business liable for said tax shall on or before the twentieth day of each month transmit to the Revenue Department a return showing the following information for the previous calendar month:
(a) Total number of tours conducted within the Historic District;
(b) Total number of tours originating but not conducted within the Historic District;
(c) Number of adult-fare tour passengers on Historic District tours during the month;
(d) Number of child tour passengers (12 years and under) provided at 60%-fare or less;
(e) Number of child tour passengers (3 years and under) provided at no-fare;
(f) Number of youth field-trip tours and number of youth tour passengers/adult companions;
(g) Preservation fees due by category and in total; and
(h) Such other information as the Revenue Department may reasonably require to administer and collect preservation fees.
Each tour company shall report monthly totals, shall keep accurate records of the above information on a daily basis, and shall retain such records for a minimum of three months. Daily records shall be made available to City staff in accordance with paragraph (i) below. Each tour service business shall remit the total amount of fees due to the City of Savannah with its monthly tax return.
(2) Transient Tour Operators (Motorcoaches).
The operator of each transient tour vehicle (motorcoach) entering the city for the purpose of conducting a tour shall pay a preservation fee according to the rate established herein as a part of the permitting process prior to beginning a tour within the city. The motorcoach
permit to be displayed as provided by this ordinance shall be evidence that all permit and preservation fees have been paid.
(e) Administration Fee
Each tour service business which pays preservation fees to the City on a monthly basis pursuant to this ordinance shall be allowed an administration fee of three percent of the fees due to the City of Savannah. Such administration fee shall be paid to the tour service
business in the form of a deduction from the total amount of fees due; provided, however, that no such administrative fee shall be paid if the amount due is delinquent at the time of payment, if other City fees, taxes, or assessments are delinquent, or if the tour service
business is not in compliance with all ordinance provisions and tour service regulations of the City.
(f) Penalties
When any person or business liable hereunder fails to make a return or pay the full amount of the required fees, a penalty shall be added to the tax in the amount of $10.00 or ten percent, whichever is greater, if the failure is for not more than 30 days, plus five percent
penalty interest for each additional 30 days or portion thereof during which the failure continues; provided, however, that if such failure is due to providential cause shown to the satisfaction of the Parking Director in affidavit form attached to the return and remittance
is within 10 days of the due date, such returns may be accepted exclusive of penalties and interest. In the case of a false or fraudulent return or the failure to file a return, where willful intent exists to defraud the City of any fees due herein, a specific penalty of one hundred
percent of the fees due shall be assessed. All penalties and interest imposed herein shall be payable and collectible by the Parking Department in the manner as if they were a part of the fees imposed.
(g) Condition for Doing Business; Sanctions
Payment of preservation fees as provided by this ordinance is a condition for doing business within the City as a sightseeing tour business, and failure to pay the fee shall be grounds for suspension from the Visitors Center Parking Lot, other sanctions as may be
provided by ordinance or contract, and revocation of business tax certificate in accordance with Article Y, Section 29 of this ordinance.
(h) City Examination of Records Authorized
To ascertain the correctness of any return required to be filed by this ordinance or to determine the amount of fees due, a tour service business operating pursuant to this ordinance shall give any authorized representative of the City Parking or Revenue Department access to all company records pertaining to said return or fees due. Such access shall be given at all times during normal business hours upon 24-hours written request from the City.
Section 4. APPLICATION FOR PERMITS AND PAYMENT OF FEES
Application for permits and payment of fees shall be made to the City Parking Department at designated locations.
Section 5. DISPLAY OF PERMITS
A current commercial vehicle decal shall be displayed on each local tour vehicle operating within the City. A current motorcoach tour and/or transportation permit shall be displayed in the lower right section of the front windshield of any motorcoach present within the
Historic District.
Section 6. PENALTIES FOR TOUR ORDINANCE VIOLATIONS
The penalty for each violation of the Tour Services for Hire Ordinance or the Horse drawn Carriage for Hire Ordinance shall be $25.00. All penalty fees must be paid during the month levied or resolved in Recorder's Court before any permit(s) may be issued for the
subsequent month.
Section 7. EFFECTIVE DATES
This ordinance first became effective on October 28, 1993. Additional or increased fees took effect on January 1, 1994. The reservation Fee first became effective on March 1, 1998. |
